MINNEAPOLIS — When defense attorneys for Minnesota State Trooper Ryan Londregan revealed in court filings that the use-of-force expert retained by prosecutors opined that Londregan acted reasonably - it wasn't long before a spokesperson for the Hennepin County Attorney's Office fired back.
"The defense has selectively quoted a partial sentence of a lengthy document provided to them in the course of the confidential discovery process," said HCAO spokesperson Nicholas Kimball in a statement to KARE 11. "The cherry-picked sentence excludes critical facts where the expert acknowledged information he would need to fully analyze the case."
Days after that exchange, KARE 11 News has obtained the full two-page report summarizing the October 13, 2023, meeting between expert witness Jeffrey Noble, Hennepin County Attorney Mary Moriarty and six members of her staff. Londregan's defense team filed the report as an exhibit last week and Judge Tamara Garcia signed an order granting a copy to KARE 11 News, ruling pretrial exhibits are "presumed to be open to any member of the public" with court discretion.
The exhibits establish that Noble signed a contract with the Hennepin County Attorney's Office on Aug. 21, 2023, to review the shooting death of Ricky Cobb for a rate of $450 per hour and a total cost not to exceed $25,000.
During the Oct. 13 meeting, Noble told prosecutors his two primary issues for his review were whether Trooper Londregan's use of deadly force was reasonable at the moment it was used, and whether the actions of Londregan and Trooper Brett Seide's prior to the shooting were reckless such that they created an unreasonable danger which resulted in Trooper Londregan using deadly force, the report said.
Regarding whether the troopers' actions prior to the shooting created the danger resulting in the shots:
"Mr. Noble acknowledged that, even if Trooper Seide should not have entered Mr. Cobb's vehicle (because he created the danger to himself), Trooper Londregan still was authorized to reasonably respond to the danger to Trooper Seide," the report reads.
Regarding the use of force itself:
"Mr. Noble offered that, if Trooper Londregan shot Mr. Cobb simply to prevent him from fleeing, he would deem the use of deadly force to be unreasonable. However, Mr. Noble stated that his opinion would change if Trooper Londregan shot Mr. Cobb because he feared for Trooper Seide's safety," the report said.
Kimball's criticism of the defense filing noted Noble's lack of knowledge of Minnesota's newest use-of-force statute, and the absence of a statement from Londregan. Here are how those two issues are addressed in the report.
- "Regarding the reasonableness of Trooper Londregan's actions, Mr. Noble acknowledged that the review is complicated by Trooper Londregan's refusal to provide a statement. When officers do not provide statements, we do not know their actual reasoning. Specifically, here, we do not know whether Trooper Londregan fired at Mr. Cobb because he feared for his safety or Seide's safety or simply because he did not want Mr. Cobb to flee."
- "Mr. Noble was asked whether, given these potential alternatives (i .e. doing nothing or focusing on encouraging Seide to exit the car), the use of deadly force was "necessary'' at the time it was used, as the term "necessary" is used in Minn. Stat. 609.066., Mr. Noble acknowledged that the word "necessary" is complicated and tricky, and it is unclear what state legislatures mean when they include it in their use-of-deadly-force statutes. Mr. Noble stated that he could not offer an opinion on what "necessary" means under Minnesota Statute."
When they argue the case to a jury at trial, all indications point to prosecutors focusing heavily on the word "necessary." Minnesota law says in part "the use of deadly force by a peace officer in the line of duty is justified only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary: (1) to protect the peace officer or another from death or great bodily harm."
WATCH BELOW: Londregan appeared in court on March 21:
In the criminal complaint filed against Londregan, prosecutors spell out that they don't believe such force was necessary because troopers are trained that shooting the driver of a car does not stop the car from driving.
A Jan. 24, 2024 report also filed as an exhibit shows Senior Assistant Hennepin County Attorney Joshua Larson, who is now the lead prosecutor on the case, called Noble to confirm Londregan had been charged and to ask Noble to "hold off any further work on the case."
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